OFFICIAL NOTICE AND AGENDA...2020/08/12 · OFFICIAL NOTICE AND AGENDA FINANCE COMMITTEE Wednesday, August 12, 2020 5:15 PM City Hall (407 Grant Street) - *Council Chambers Lisa Rasmussen,

OFFICIAL NOTICE AND AGENDA

FINANCE COMMITTEEWednesday, August 12, 2020 5:15 PMCity Hall (407 Grant Street) - *Council ChambersLisa Rasmussen, Michael Martens, Dawn Herbst, Deb Ryan, Sarah Watson

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Discussion and possible action regarding sole source purchase Daiken McQuay Roof Top Chiller City Hall $73,000

of a meeting of a City Board, Commission, Department, Committee, Agency, Corporation, Quasi-Municipal Corporation, or sub-unit thereof.

AGENDA ITEMS

Meeting of the:

Location:Date/Time:

Members:

Minutes of the previous meeting(s). (7/28/20)

Other Distribution: Media, (Alderpersons: Peckham, Neal, Kilian, Wadinski, McElhaney, Larson), *Rosenberg, *Jacobson, *Groat, Department Heads

In accordance with the requirements of Title II of the Americans with Disabilities Act of 1990 (ADA), the City of Wausau will not discriminate against qualified individuals with disabilities on the basis of disability in its services, programs or activities. If you need assistance or reasonable accommodations in participating in this meeting or event due to a disability as defined under the ADA, please call the ADA Coordinator at (715) 261-6590 or [email protected] to discuss your accessibility needs. We ask your request be provided a minimum of 72 hours before the scheduled event or meeting. If a request is made less than 72 hours before the event the City of Wausau will make a good faith effort to accommodate your request

This Notice was posted at City Hall and faxed to the Daily Herald newsroom 8/06/20 at 2:45 pm

*Due to the COVID-19 pandemic, this meeting is being held in person and via teleconference. Members of the media and the public may attend in person, subject to the social distancing rules of maintaining at least 6 feet apart from other individuals, or by calling 1-408-418-9388. The Access Code is: 146 089 6283 Password: R2ntdJQWH87

Individuals appearing in person will either be seated in the Council Chambers or an overfill room, subject to the social distancing rules. Space available will be on a first come, first served basis. All public participants’ phones will be muted during the meeting. Members of the public who do not wish to appear in person may view the meeting live over the internet by https://waam.viebit.com/?folder=ALL, on the City of Wausau’s YouTube Channel http://www.tinyurl.com/WAAMedia, live by cable TV, Channel 981, and a video is available in its entirety and can be accessed at https://tinyurl.com/WausauCityCouncil. Any person wishing to offer public comment who does not appear in person to do so, may e-mail [email protected] with “Finance Committee public comment” in the subject line prior to the meeting start. All public comment, either by email or in person, will be limited to items on the agenda at this time. The messages related to agenda items received prior to the start of the meeting will be provided to the Chair.

Discussion and possible action regarding rent adjustment to Wausau Flying Service due to the COVID safer at home closure

Discussion and possible action regarding resolution approving agreement between the City of Wauau and Marathon County JAG Grant for the 2020 Byrne Justice Assistance Grant Program Award

Discussion and possible action authorizing engagement of additional services with ACT Services and related budget modification

Adjourn

Lisa Rasmussen, Chairperson

Public Hearing on the 2020 Edward Byrne Memorial Justice Assistance Grant

Discussion and possible action regarding budget modification Great Lakes Cheese demolition project $12,000 due to extra soil removal and silt fencing to meet DNR remediation requirements

Discussion and possible action regarding budget modification for local share funding of Assistance to Firefighters Grant Automated CPR Devices

Discussion and possible action regarding budget modification to allocate $110,000 from Parks Swimming Pool operating budgets to playground replacement program

Discussion and possible action on statement for purposes of ADA Title II complianceDiscussion and possible action on contract for residential inspection services with Town of Rib MountainDiscussion and possible action on contract for commercial inspection services with Town of Rib Mountain

Discussion and possible action on issuing a Request for Proposals for towing services

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FINANCE COMMITTEE Date and Time: Tuesday, July 28, 2020 @ 5:15 pm., Council Chambers Members Present Rasmussen, Martens, Herbst, Watson, and Ryan (WebEx) Others Present: Groat, Rosenberg, Kremer, Bliven, Kujawa, Splinter Jon Trautman, Clifton Larson LLC and Phil Cosson, Ehlers & Associates, via WebEx. In accordance with Chapter 19, Wisc. Statutes, notice of this meeting was posted and sent to the Daily Herald in the proper manner. The meeting was called to order by Chairperson, Lisa Rasmussen.

Minutes of the previous meeting(s). (7/14/20) Motion by-Herbst, second by Martens to approve the minutes of the previous meeting on 7/14/20. Ryan indicated she would abstain from voting. Motion carried 4-0-1.

Discussion and possible action 2019 audit presentation Clifton Larsen LLC Jon Trautman from Clifton Larson, reviewed the audit letter provided to the City which summarized the audit findings and the opinion issued on the financial statements. MaryAnne Groat noted that all of the audit information was not in the committee packet online, as it would be too large, but the hard copy book was provided to the committee members at the last meeting. The presentation can be viewed on YouTube via the following link: https://www.youtube.com/watch?v=IEWRX3obYcA Trautman also reviewed the 2019 Comprehensive Annual Financial Report (CAFR). (Available on the city’s website: https://www.ci.wausau.wi.us/Portals/0/Departments/Finance/Documents/2019CAFRWebFinal.pdf) Trautman concluded the City of Wausau received a high rating of excellence in its audit. Report placed on file. Discussion and possible action regarding budget modification Police Department Rasmussen stated this if to correct a budget error. Groat explained departments input their budgets into an application with an Excel spreadsheet and can make changes to it until a specific point in time. They typically do two years at a time with a plan for the following year. She indicated she thinks she transferred 2020 budget to the Mayor’s Executive Budget before they were done with the account. She stated the Police Department intended to spend $150,000 and they have $150,000 of expenses that they have line itemed but their budget only says $108,000. She proposed taking $43,000 out of the CSO wages for staffing events that were canceled and move it into the capital budget. Motion to approve by Herbst, second by Watson to approve the budget modification for Police Department. Motion carried 5-0. Discussion and possible action regarding resolution providing for the sale of approximately $5,445,000 General Obligation Promissory Notes, Series 2020D Groat explained the debt issuance for 2020 was set into motion when we adopted the budget in November 2019. The Capital Budget and Tax Increment Budgets were all approved in 2019 and the financing sources were established. She reviewed the debt plan in detail. The promissory note is a 10 year issue with level principal and interest payments; and refinancing of an already existing debt with level principal and interest payments over 15 years. She stated these issues will not increase or create an impact to the levy. The debt outstanding will decrease by a small amount this year; in 2020 approximately $17 million of debt will be retired, but will be adding $15 million, so the net reduction in outstanding debt for GO and the Anticipation debt would be $1,900,000. Phil Cosson, Ehlers & Associates, discussed the timing of selling the notes and taking advantage of very low interest rates. He stated the city has retained the AA3 rating from Moody’s. Motion by Martens, second by Herbst to approve the GO Promissory Notes, Series 2020D. Motion carried 4-1 (Ryan was the dissenting vote)

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Discussion and possible action regarding resolution providing for the sale of $6,740,000 Taxable General Obligation Refunding Bonds, Series 2020E Motion by Martens, second by Herbst, Motion to approve the GO Refunding Bonds, Series 2020E. Motion carried 4-1. (Ryan was the dissenting vote) Discussion and possible action regarding June 2020 General Fund financial statement Groat reported the City’s revenues and expenses reports look good at this point. She noted there is a continuing lag in licenses due to the restaurant and bar establishments struggling with reopening and bartenders not working. The narrative can be accessed: https://www.ci.wausau.wi.us/Portals/0/Departments/Finance/Documents/June2020GF.pdf Report placed on file. Discussion and possible action regarding special event fee refunds due to COVID cancellations Rasmussen stated the city charges for the processing of special event permits, however, most events were cancelled for 2020. Motion by Watson, second by Herbst to approve special event fee refunds. Motion carried 5-0. Adjourn Motion by Watson, Second by Herbst to adjourn. Motion carried unanimously. Meeting adjourned at 6:08 p.m.

Airport Manager Memo 08/03/2020 Re: Wausau Flying Service request for City to refund Wausau Flying Service rent and fuel flow fees during the Wisconsin Stay At Home Order. The request in May by Wausau Flying Service to use CARES funding for “building rental re-embursement and fuel flow” has been denied by the Federal Government. Wausau Downtown Airport is still receiving $30,000 from the federal government. The CARES funding will still be used for “operational needs and development project opportunities''. This federal policy change has increased Wausau Flying Service, Inc. financial burden during WSHO. Wausau Flying Service (WFS) experienced a dramatic downturn in business during Wisconsin’s “Stay at Home” order. WFS cut staffing to three employees during the Wisconsin Stay at Home Order (WSHO) which lasted from March 13th through May 13th. During WSHO all our full-time employees were fully compensated while staying at home. Because there were so many applications for PPP money in the first round, WFS did not initially receive financial relief. Unfortunately the federal PPP money could not be used to reimburse WFS for the money it continued to pay full-time employees to stay at home prior to receiving the PPP in the second round. WFS did receive federal PPP money to help with payroll in the second round. Although it helped relieve our financial burden, PPP income does not make up for the loss of revenue to compensate for operational expenditures. WFS did not perform flight instruction and aircraft rental since March 13th through May. Fuel revenue was down 62% for the month of April. Year-to-date fuel flow volume decreased from being up 14% for 2020 in March, to being down 25% through most of July. Our pilot service business is operating at 60% capacity. All summer big revenue events are canceled for 2020 including the Balloon Rally, AirVenture, AirVenture Cup Race, the National Ercoupe Convention, Hamburger Night, and all area fly-ins and airshows. The revenue shortfall has been difficult to say the least and is likely to last through 2020. Our company does 75% of it’s business from June through September. To assist with expense relief, Wausau Flying Service is requesting forgiveness for rent and fuel flow fees. CARES money will pay for utilities (electric, gas, water), and for the duration of the WSHO effective period from March 16th through May 13th. Included in this memo is documentation of our share of these bills to the City. Below is the amount requested from the City for rent and fuel flow fees: The "Stay at Home" order was in effect March 16 - May 13 March 16-30 Rent: $592.48

Fuel Flow: 6596.03 gallons X .12 = $791.40 April Rent: $1147.81 Fuel Flow: $755.52 May 1-13 Rent: $481.39 Fuel Flow: 5679.05 gallons X .12 = $681.40 total request reimbursement request: $4450.00

Benjamin Bliven Matthew Barnes Todd Baeten Benjamin Graham Chief Deputy Chief Patrol Captain Detective Captain

515 Grand Ave Wausau, WI 54403 Ph. 715‐261‐7800

MEMO: JAG (Justice Assistance Grant)

08/05/2020

The Wausau Police Department partners with the Marathon County Sheriff’s Department every year in our application to the Federal Government for a JAG grant. The Marathon County Sheriff’s Department facilitates and manages the grant.

Prior to receiving funding, governing bodies from Marathon County and the City of Wausau must approve the acceptance of the grant.

This year the JAG grant is for $10,576 After discussing how best to utilize these funds, the Wausau PD and Marathon County Sheriff’s Department agreed to again spend the funds on a computer software called “Grey Key”. The total cost of “Grey Key” is in excess of $15,000 per year. The Wisconsin Department of Justice and the Marathon County Sheriff’s Office have agreed to partner with us and fund the remainder of the purchase price.

Searching the contents of cell phones has become an important part of many criminal investigations. Oftentimes the cell phones we seize as evidence are locked, or password protected. Grey Key is a product that will unlock cell phones. After using Grey Key for the last two years, we have found this tool to be very important in our investigations and necessary.

The Wausau Police Department is asking that a motion be made to accept the 2020 JAG Grant in the amount of $10,576 to be used to purchase “Grey Key” in partnership with the Marathon County Sheriff’s Department.

Thank you,

Matthew Barnes

Deputy Chief

CITY OF WAUSAU, 407 Grant Street, Wausau, WI 54403

RESOLUTION OF THE FINANCE COMMITTEE Approving Interlocal Agreement between the City of Wausau and Marathon County for the 2020 Byrne Justice Assistance Grant Program Award

Committee Action: Pending Fiscal Impact: Grant award of $11,027 File Number:

19-0405 Date Introduced: August 11, 2020

FISCAL IMPACT SUMMARY

CO

STS Budget Neutral Yes No

Included in Budget: Yes No Budget Source: One-time Costs: Yes No Amount: Recurring Costs: Yes No Amount:

SOU

RC

E Fee Financed: Yes No Amount:

Grant Financed: Yes No Amount: Debt Financed: Yes No Amount Annual Retirement TID Financed: Yes No Amount: TID Source: Increment Revenue Debt Funds on Hand Interfund Loan

RESOLUTION

WHEREAS, the Edward Byrne Memorial Justice Assistance Grant (JAG) Program is the primary provider of federal criminal justice funding to states and eligible units of local government; and

WHEREAS, applications are due in response to a FY 2020 Local Solicitation from the Bureau of Justice Assistance (U.S. Department of Justice), on August 19, 2020; and

WHEREAS, your Finance Committee on August 11, 2020, received public comment and recommended acceptance of the grant; and

WHEREAS, thereafter, the Wausau Police Department and Marathon County Sheriff’s Department submitted a grant application to the JAG Program for the purchase of qualifying equipment for “criminal justice,” – activities pertaining to the enforcement of the criminal law, including, but not limited to, police efforts to apprehend criminals – i.e., “GrayKey” software and a device for accessing password protected Apple devices; and

WHEREAS, an Interlocal Agreement between the City of Wausau and County of Marathon, made pursuant to the authority granted under s. 66.0301, Wis. Stats., in the amount of $10,576.00, has been received; and

WHEREAS, each governing body finds that the performance of the agreement is in the best interest of both parties, that the undertaking will benefit the public, and that the division of costs fairly compensates the performing party for the services or functions under the agreement.

NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Wausau that the proper city officials are hereby authorized to execute the attached Interlocal Agreement between the City of

Wausau and County of Marathon for the FY 2020 Byrne Justice Assistance Grant (JAG) Program Award in the amount of $10,576.00

Approved:

Katie Rosenberg, Mayor

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CITY SECRETARY CONTRACT NO. ________

GMS APPLICATION NUMBER: 2020-H8188-WI-DJ

THE STATE OF WISCONSIN KNOW ALL BY THESE PRESENT

COUNTY OF MARATHON

INTERLOCAL AGREEMENT BETWEEN THE CITY OF WAUSAU, WISCONSIN AND COUNTY OF MARATHON, WISCONSIN

2020 BYRNE JUSTICE ASSISTANCE GRANT (JAG) PROGRAM AWARD This agreement is made and entered into this _____ day of August, 2020 by and between the COUNTY of Marathon, acting by and through its governing body, the Board of Supervisors, hereinafter referred to as COUNTY, and the CITY of Wausau, acting by and through its governing body, the City Council, hereinafter referred to as CITY, both of Marathon County, State of Wisconsin, witnesseth: WHEREAS, this agreement is made under the authority of Section Wis. Statutes §66.0301 Government Code: and WHEREAS, each governing body, in performing governmental functions or in paying for the performance of governmental functions hereunder, shall make that performance or those payments from current revenues legally available to that party: and WHEREAS, each governing body finds that the performance of the agreement is in the best interests of both parties, that the undertaking will benefit the public, and that the division of costs fairly compensates the performing party for the services or functions under this agreement: and NOW THEREFORE, the COUNTY and CITY agree as follows:

Section 1.

Marathon County will serve as the fiscal agent for the dispersion of the $10,576 of JAG funds and will not request Administrative Funds from the JAG grant for this fiscal responsibility

Section 2. Marathon County and the City of Wausau will share the JAG funds in which these funds will be used to jointly purchase "GrayKey" software & a device for accessing password protected Apple devices. Wausau Police Department and the Marathon County Sheriff’s Office agree each government entity is responsible for costs which exceed their eligible amount. The City and County agree to use this grant amount until the end of the grant, September 0 1, 2021.

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GMS APPLICATION NUMBER 2020-H8188-WI-DJ

Section 3.

Nothing in the performance of this agreement shall impose any liability for claims against COUNTY other than claims for which liability may be imposed by the Wisconsin Tort Claims Act.

Section 4.

Nothing in performance of this agreement shall impose any liability for claims against CITY other than claims for which liability may be imposed by the Wisconsin Tort Claims Act.

Section 5.

Each party to this agreement will be responsible for its own actions in providing services under this agreement and shall not be liable for any civil liability that may arise from the furnishing of the services by the other party.

Section 6.

The parties to this agreement do not intend for any third party to obtain a right by virtue of this agreement.

Section 7.

By entering into this agreement, the parties do not intend to create any obligations expressed or implied other than those set out herein; further, this agreement shall not create any rights in any party not a signatory hereto. CITY OF WAUSAU, WISCONSIN/COUNTY OF MARATHON, WISCONSIN _____________________________________ _____________________________________ Mayor Katie Rosenberg County Board Chairman Kurt Gibbs ATTEST: APPROVED AS TO FORM: _____________________________________ _____________________________________ City Clerk Leslie Kremer County Corporation Counsel Scott Corbett APPROVED AS TO FORM: _____________________________________________________________ Contract Authorization ____________________________________ City Attorney Anne Jacobson *By law, the Marathon County Corporation Counsel may only advise or approve contacts or legal documents on behalf of its clients. It may not advise or approve a contract or legal document on behalf of other parties. Our view of this document was conducted solely from the legal perspective of our client. Our approval of this document was offered solely for the benefit of our client. Other parties should not rely on this approval and should seek review and approval by their own respective attorney(s).


RESOLUTION OF THE FINANCE COMMITTEE

Approving the 2020 budget modification for Parks Playground Equipment

Committee Action: Approved

Fiscal Impact: $110,000 File Number:

19-1109

Date Introduced: August 25, 2020


CO

ST

S Budget Neutral Yes No

Included in Budget: Yes No Budget Source: Community Development Impact Fund Loan

One-time Costs: Yes No Amount: $110,000

Recurring Costs: Yes No Amount:

SO

UR

CE

Fee Financed: Yes No Amount:

Grant Financed: Yes No Amount:

Debt Financed: Yes No Amount Annual Retirement

TID Financed: Yes No Amount:

TID Source: Increment Revenue Debt Funds on Hand Interfund Loan

WHEREAS, the swimming pools were closed during the summer of 2020 to reduce the transmission of COVID

19, and

WHEREAS, the parks budget experienced savings due to reduced net costs of pool operations; and

WHEREAS, your Parks Committee has reviewed and recommended these savings be used to fund capital

improvements to playground equipment; and

WHEREAS, your Finance Committee has reviewed and recommends a budget modification to transfer net pool

operation savings to playground capital equipment:

Transfer From Parks Department Budget salarie and supplies 110,000

Transfer To Capital Project Fund Playground Equipment 110,000

NOW, THEREFORE, BE IT RESOLVED, that the proper city officials modify the budget as presented above

and publish the budget modification in the official city newspaper.

Approved:


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DRAFT CITY OF WAUSAU – PARK AND RECREATION COMMITTEE MEETING MINUTES

Date/Time: July 6, 2020 at 4:30 p.m. Location: Council Chambers, City Hall Members Present: Tom Kilian, Lou Larson, Tom Neal, Pat Peckham (c), Sarah Watson Others Present: Jamie Polley-Director, Greg Freix-Asst. Director of Operations, David Patridge-Administrative Officer, Katie Rosenberg-Mayor, Anne Jacobson-City Attorney, Paula Meadows, other interested parties 1. In accordance with Chapter 19, Wisc. Statutes, notice of this meeting was posted and sent to the Daily Herald in the proper manner. It was noted that a quorum was present and due to technical difficulties the meeting was called to order by Chairman Peckham at 4:49 p.m. 2. Public Comment Paula Meadows 1302 Madison St. Wausau – Her suggestions for the extra pool funds included a grand reopening event at the pools next year, more free days at the pools or a free month, giving some funds to the furloughed lifeguards, or for playgrounds or tennis courts. 3. Approval of Minutes – June 1, 2020 – Motion by Neal, second by Watson to approve the Park and Recreation Committee draft June 1, 2020 minutes. Motion carried by voice vote, vote reflected as 5-0. 4. Discussion and Possible Action Authorizing the Execution of Lease for Radtke Point Park and Grace Park with the City of Schofield – Motion by Neal, second by Larson to authorize the execution of the lease for Radtke Point Park and Grace Park with the City of Schofield. Motion carried by voice vote, vote reflected as 5-0. 5. Discussion and Possible Action Regarding the Usage of Funds Not Expended on City Pool Operations – Staff had brought forward some different options which included continuation of the playground replacement program (playgrounds left to replace include Riverside, 3M, River Highlands and Westview Terrace), skate park upgrade, Sylvan parking lot replacement, tennis court replacement, and Memorial Park seawall replacement. A majority of members supported putting the money towards playground replacement. Lengthy discussion ensued about the playgrounds and how to distribute the funds. Motion by Larson, second by Kilian for staff to utilize the $110,000 to continue the playground replacement program by splitting the funds to prioritize one playground and then putting the remainder towards another that is a distance away from the first. Motion carried by voice vote, vote reflected as 5-0. 6. Discussion and Possible Action Requesting Funds for an Environmental Consultant to Prepare Recommendations to Test the Waters of the Wisconsin River – Peckham thought that some citizens would appreciate knowing the results if testing were done on the Wisconsin River. Neal had concerns about the necessity as rivers and lakes are inherently unsafe with ongoing concerns about Blastomycosis along shorelines and what disturbed riverbeds can unleash. Kilian thought the City should have a municipal environmental justice policy and use the most protective standard, such as the codified State standards, when dealing with environmental matters. He gave past history regarding drinking and ground water issues that Wausau had in the 1980’s. He would rather have a more solidified environmental policy at the municipal level and doesn’t necessarily agree with saying things are safe based on a toxological opinion but thinks they need to use the most protective standard. He noted a recent Supreme Court decision (County of Maui v. Hawaii Wildlife Fund) which he said made clear that ground water discharges were covered under the Clean Water Act and has questions into the DNR about how that may impact their approach to local issues. He thought it would be wise to have a working group on this matter and future environmental matters and would like to table this item. Larson would like to see the sediment tested as well and wanted to have suitable guidelines regarding exceedances and non-exceedances in front of them. Peckham felt the Department of Health Service’s letters have been valuable because it gave everyone a better handle on what the DNR’s numbers meant. Originally he had asked the DNR if they would come and address a community meeting to field concerns about the contamination in Riverside Park and they wouldn’t do it because they said it was a public health issue. That was how they ended up with the State who he felt has helped them to understand what they are dealing with. Kilian added that if they look at this item in the future he felt they should look at the sediment versus the surface water if they have to choose between the two. Neal said as they consider testing the sediment they have to know full well that remediation would be almost non-existent and impossible as there are regulations to disturbing that riverbed. They can do a lot of testing to find out there is a lot of stuff that they can’t do anything about. Motion by Kilian, second by Larson to table this item to an indefinite date when a broader approach can be taken. Motion carried by voice vote, vote reflected as 5-0.

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7. Educational Items A. Dog Park Special Committee Update – The waterline for the drinking fountain will be installed sometime during the week of June 29. Following the installation of the waterline Park staff will prep the parking lot area with gravel base for paving. Pubic Work is coordinating the paving and concrete work. Fencing is scheduled to be installed in early August. The committee will review fundraising amounts and signage at their meeting following this meeting. Freix explained that staff is aware that some of the areas need reseeding and discussed some of that work. B. Project Update – Pleasant View Park: Installation of the new playground is underway by park staff. City Ball Diamonds: Baseball and softball diamonds are being groomed and prepped for use which will begin July 6. Athletic Park: Facility is being prepared for the start of the Wisconsin Woodchuck season July 2. This includes modifications for COVID-19. Oak Island Park: Contractor has just completed the playground installation and PIP colored safety surfacing. Park staff will begin site remediation next week. Barker Stewart Island: Staff is preparing for vegetation management activities per work plan. Isle of Ferns: 6 wooden pole lights are being replaced with 11 decorative and energy efficient (LED) pole lights along the existing path. (project was put on hold since last meeting). Routine Operations/Programs: Mowing Operations; all three mowing crews are in routing mode with full staff. Urban forestry program; EAB treatment in progress; tree trimming, removals, stump grinding, Building and structure maintenance. Shelter reservations and Special Events; Equipment maintenance and repair. Restroom Maintenance; increased maintenance (daily) and staffing due to COVID 19 recommendations. C. Riverside Park Testing Update and Next Steps – To date, after all the tests in the park, an exceedance was found in one location (culvert). The WDNR is now asking for a few more tests in that one area to outline the exact boundary of soil which is above standards. No other action is required in the rest of the park. Once that is completed and the outline of soil is identified, remedial options (most likely digging out the small area of contaminated soil and replacing with new clean soil) will be completed. After this the site would be ready for closure. Peckham clarified that the toxicologist had sent two letters and the first letter had to do with the testing in the rail corridor and the second letter was in regard to the testing in the park area. He believed this item has moved into a different phase where the DNR has decided to take more of a role and has told the City what it is going to do. Kilian felt what was happening now was positive. The DNR has laid out clearly that they have State soil standards and there were three samples around the culvert area in the park that exceeded those standards for a non-industrial setting. The DNR has asked the City to delineate the extent of that contamination and then remedial options would be discussed. He felt it’s been a long process but is important because it kind of sets a precedent of how they deal with contamination that exceeds State standards. Ultimately it has satisfied the State standards and the communities concerns. He thanked everyone that had been involved and worked on it. D. Update on City/County Parks Agreement and Role of Parks and Recreation Committee and Park Commission – The City of Wausau and Marathon County have a unique relationship as it pertains to Parks and Recreation services that dates back to 1925. During COVID-19 and the ever changing orders and recommendation as it pertains to City park facilities the authority to enforce these recommendations was questioned, raising further questions about the County Department and the roles of the City Parks and Recreation Committee and County Park Commission. Staff has reviewed close to 100 years of documents to get a clearer understanding of the relationship and the operations of the Department. Polley gave history that a study was conducted in 1971 of both the City Park Board and the County Park Commission for the purposes of combining them as one single unit which became effective in 1975. The Mayor appointed three members of City Council and County Board appointed three members to the seven member Park Commission. There is also one member at large on the Commission. The City transferred all Park Department personnel to the County and the salaries of non-represented employees and equipment was shared 50/50. Subsequent resolutions took place, one in 1983 that enabled park rangers to enforce rules consistently whether it was in a County or City park. Over the years there have been multiple discussions on the joint venture and what the Department does. In 2002 under Mayor Lawrence the City Park and Recreation Committee was created to increase advocacy of park and recreation needs on the City Council. The Marathon County ordinance was amended to create this Park Committee but nothing was done on the City side to create it so there’s been question on not only the Director’s authority but the authority of the City Committee because it doesn’t look like it’s an actual Standing Committee. The Committee that should govern the parks operations is the joint Park Commission. Polley said it’s only her second year as the Director and there is a new Mayor and County Administrator so they had a meeting with the City Attorney, County Corporation Counsel, and the Chair’s to talk about clarifying some things because staff has been practicing under the rule that City related items go to the City Park and Recreation Committee and County related items go to the Park Commission. She felt if they operated under the assumption of how it should be operated it’s that they don’t look at City versus County and they look at the park system as a system and that is what the original joint Park Commission

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was originally set up to do. The next step would be to bring this to the Committee of the Whole to give the background, what they are operating under and clarifying the vision going forward. Jacobson felt this was a good opportunity to look at the purposes for which the Commission and the Committee exist so that efforts don’t overlap and for Polley who sometimes has to present things twice while attending double meetings. It’s an opportunity to discuss the agreements and whether or not they want a Park Committee to continue to exist on the City side and then what functions they would want to maintain. She believed under the statutes they did give all authority to the joint Park Commission to manage and control the City parks, but over time certain habits have developed. There will be ongoing discussion to clarify the roles and make things more efficient. Mayor Rosenberg wanted to make sure that staff time is being used effectively and efficiently and started to figure out what the duties of this Committee should be and if it is the right use of their time. When she looked at how this has been legislatively delegated throughout the years it made the most sense to her to consider maybe transitioning towards using the Park Commission model to its fullest potential sometime in the future. There were personality conflicts in the past and threats to split up the Department and she wanted to clarify that that is not what this is about, it’s about being effective and efficient which is important for all of their time. Neal saw their reason for being a Committee as representing the city taxpayers who have neighborhood issues and could only see going to a Commission model if it were representational about the distribution as to not load rural against urban or vice-versa. He did not want to see his advocating for City parks diluted by potentially having less control about what’s inside their limits. Rosenberg said they still have three people from the City Council on the Park Commission and the ultimate power lies in budgeting. If the City wants something repaired in a City park it gets fixed because the City budgets for it. Peckham wanted everyone to know that this isn’t already a done thing; that it is something being discussed. He also wanted to point out that if a portion of the Park Commission wanted to fix something in a City park and the Park Commission said no that the City members could still bring it back to City Council. Polley said future discussion will need to be about how they want to function and it may be the same way that they have been doing but some things will need to be cleaned up on both the County and the City side. E. Update on Wildlife in City Parks – The Wausau Marathon County Parks Recreation and Forestry Department manages properties and facilities in both urban and rural locations and are responsible for minimizing damage from any known source. Occasionally that damage or potential damage may come from wild animals. Some past examples of animal damage encountered by the Department include: Rodents; includes mice, voles, rabbits, squirrels, beavers and deer. Primary damage is from chewing/browsing on building material, plant material which includes small ornamental varieties to trees. Deer also cause damage from rubbing. Canadian Geese; primary damage is from droppings left on hardscaped walks/trails and sports fields. Bats; primary damage is from droppings left in building interiors. Raccoons; primary damage is nuisance garbage spreading (i.e. dumpsters and trash cans). Bears; Primary damage is nuisance garbage spreading. The Department does not have a specific policy on animal control but rather identifies if action is needed on a case by case basis. If control is deemed necessary based on damage potential a determination is made as to the method most applicable to the situation and animal species involved. In addition to property damage staff also considers the potential risk of disease transfer from the presence of any wildlife species. The Department also follows the Nuisance Animal Guidelines as recommended from the WDNR. The primary methods of control used by the Department include: exclusion; i.e. fencing, tree wrapping, sealing building cracks and holes; habitat modification / alteration; i.e. selecting non desirable plant species, shoreline riprap; frightening devices; i.e. predator decoys, lighting, sirens/horns; trapping; includes live, lethal and hand capture; Repellents. Neal mentioned staff should be careful about what they consider a clear and present problem as some people had been upset about beaver being bothered in Bluegill Bay Park. Freix said that wildlife control is a subjective thing. He felt Fern Island was a perfect example of what beavers can do as there is still evidence today of the trees the beavers took down over a couple week period last year. Staff had to make a decision about what to do at Bluegill Bay Park because they know what can happen in a short period of time and in that particular instance no beavers were removed because there were none present when they tried locating them. Staff tries to make the best decision in the most humane manner but they do need to protect the resource because there are also people that would say those trees are very valuable too and they need to be preserved. 8. Future Agenda Items – Riverside Park Soil Remediation 9. Next Meeting Date – August 3, 2020 at 4:30pm 10. Adjourn - Motion by Neal, second by Kilian to adjourn at 6:20pm. Motion carried by voice vote, vote reflected as 5-0.

Q^)CaptioningS tar Transcriptionâr

Toll Free: 1-877-323-4707

53 Emerald Road

Robbinsvillc, NJ 08691. eFax-909-992-3138E-mail Id: [email protected]

PROPOSAL FOR WAUSAU WISCONSIN

Project Name: Live Caption Service

Proposal Date: 08/05/2020

Payment terms:

We accept payment PayPal, Credit Card, E-check, Paper Check & Wire transfer.

We have NET 15 & NET 30.

Description of Project:

The objective of this project is Live Captioning service 250 Hour approximately a year.

Q/3 CaptioningStar Transcriptiorf|âr^-Toll Free; 1-877-323-4707

53 Emerald Road

Robbinsville, NJ 08691. cFax-909-992-3138E-mail Id: [email protected]

QUOTE - LIVE CAPTION

LIVE CAPTION SERViCE - COST FOR ONE TIME REQUIREMENT

Item & Description Quantity Cost Discounted Cost

Live Caption Service 1$150.00/Hour

$130.00

Total $130.00

LiVE CAPTION SERVICE - YEARLY CONTRAa (Minimum 20Hours / Month)

Item & Description Quantity Cost Discounted Cost

Live Caption Service 1$150.00/

Hour$99.00

Total $99.00

Note:

Minimum one hour and then billed in 15 minutes increments.

Billed for the total number of hours the captloner is scheduled.

Requests (initial or change) with less than 3 hours' notice will be charged a $65.00 fee;,a $45.00 fee will be charged for requests (initial or change) with less than 24 hours'notice.

Events must be cancelled 24 business hours or more before the event. If an event is

canceled with less than 24 business hours' notice, the event wiil be billed in fuil.

Q(!)CaptioningStar T ranscriptiori^tar^^

Toll Free: 1-877-323-4707

53 Emerald Road

Robbinsville, NJ 08691. cFax-909-992-3138E-mail Id: [email protected]

FAQ;

1. What capabilities and experience does your firm have that directly relate toour needs?

We are In this Industry since 2003, and providing our support to many Governmentorganizations, Non-profits, Universities, schools. Tech industry and many TV stations.Also, we have worked with corporates like Google and Microsoft to caption their events.We have our own in-house team of 40-45 members team, to handle the start to end

process.

2. How would your firm structure staffing on this project? Please note: wetypically host between 2-3 events (approx. 2-3 hours long) per week.

We will assign a dedicated project manager to handle your project, captioners for theevents will be pre-scheduled, either single or multiple captioners based on the eventduration and breakout rooms, and we will share event materials with our captioner in

prior to the event. The project manager will assist you with all the setup guidance. Weassign subject based captioners (native speakers) for your events which gives you 99%accuracy on the captions.

3. Are you able to produce captions in multiple languages on live feeds or prerecorded content?

Yes, we can provide multiple languages caption for the live feeds, and for the prerecorded videos.

4. For captioning live meetings, are your captioners are certified, experiencedcaptioner in meeting.

Our CART/broadcast captioners are certified steno writers from NCRA, with over 8 yearsof experience on an average, working 2000's of hours in different subjects andterminology with over 99% accuracy and punctuation. We execute our captioningprojects adhering to ADA compliance and FCC laws.

QC!)CaptioningStar T ranscriptlori^âr^-Toll Free: 1-877-323-4707

53 Emerald Road

Robbinsvillc, NJ 08691. eFax-909-992-3138E-mail Id: [email protected]

LIST OF REFERENCES:

John Nunez - White & Case

Andrew - Google

Debbie - Microsoft

Jamie Halloran - HSAG

Kara Crompton - HRC

Cheyenne Davis - DNC

Maria Cabanillas - UTRGV

THANKYOU

For Clarifications: rloig)transcrlPtlonstar.com. D; 909-610-3681.

Live ICap Captioners

Audio

Reference

Live

Captions

RTMP Stream Facon

CaptlonedRTMP Stream

Configured Thirougheegcloud.tv


RESOLUTION OF THE FINANCE COMMITTEE Adopting Statement for purposes of ADA Title II Compliance

Committee Action: Pending Fiscal Impact: None File Number:

19-0406 Date Introduced: August 12, 2020


CO


Included in Budget: Yes No Budget Source: One-time Costs: Yes No Amount: Recurring Costs: Yes No Amount:

SOU

RC



RESOLUTION

WHEREAS, in mid-2018, the City of Wausau, Wisconsin (“the City”) engaged the law firm of Bradley Law, LLC (“Bradley Law”) to determine the City’s legal duties to provide closed captioning under the Communications Act of 1934 (“the Communications Act”) and the Americans with Disabilities Act of 1990 (“the ADA”), and identify solutions that would satisfy those legal duties. Bradley Law has drafted a report detailing its findings, and those findings are incorporated into this statement; and

WHEREAS, in short, while exempt from the Communication Act’s closed captioning

requirements, the ADA requires the City to provide “effective communication” of its government-produced access channel programming, which can be accomplished through closed captioning, unless doing so would cause an undue financial or administrative burden. If such a burden exists, the ADA requires the City to provide a written statement of the reasons that closed captioning the City’s access channel programming would cause such an undue financial or administrative burden; and

WHEREAS, in evaluating the City’s resources available for access channel programming, the

City’s closed captioning needs, and available closed captioning solutions, Bradley Law and the City determined that providing closed captioning of the City’s access channel programming at that time would cause an undue financial burden. This document is inended to serve as a written statement of reasons as to why such a burden exists, as is required by the ADA; the City passed a resolution on April 9, 2019 adopting a statement for purposes of ADA Title II compliance providing that closed captioning of the City’s access channel programming would cause the City an undue burden; and

WHEREAS, the City’s available financial resources for fiscal year 2020 are approximately

$68,075, and the City’s available administrative resources consist of $42,100. To provide “effective communication” of its access channel programming, the City’s minimum cost to provide closed captioning would be $35,842 in 2020. This cost represents 53% of the City’s available resources and doesn’t include additional hardware required to cablecast captioning on WAAM (Wausau Area Access Media) channels. Because this cost represents such a high percentage of the City’s available resources, adopting any closed captioning solution at this time would impose an undue financial burden on the City. In addition, because the City does not have any freely available cash resources, adopting a closed captioning solution at this time would require significant restructuring of the City’s personnel, resulting in a fundamental alteration of the City’s access channel operations. NOW, THEREFORE, BE IT RESOLVED that the Common Council of the City of Wausau does hereby adopt this resolution as its statement for purposes of compliance with the ADA Title II “effective communication” requirement and that the City:

• develop an ADA compliance plan detailing how and when the City plans to provide “effective communication” of its access channel programming or provide accessibility “to the maximum extent possible”

• conduct regular ADA compliance audits each year on July 1, beginning in 2020, to

determine whether the City is providing “effective communication” of its access channel programming

• evaluate its ADA compliance in light of any changes to the WAAM’s “available

resources” and any new auxiliary aids or services. Approved: Katie Rosenberg, Mayor

Board of Public Works

December 18, 2019Page 3

2019 Crack Sealing Project: Fahrner Asphalt Sealers LLC. Pay Estimate #1

Lindman moved to approve Pay Estimate U\ in the amount of $37,347.87. Groat seconded and the motionpassed.

Wausau Fire Station #2 - Building; Scherrer Construction. Change Order #7

Lindman stated this change order is for access into the attic, which was not included in the design. Lindmanmoved to approve Change Order #7 in the amount of $l,835.96. Groat seconded and the motion passed.

2019 Concrete Pavement Rcnair: C.P.R. Inc.. Pav Estimate #3

Per Wesolowski, this project is completed. This pay estimate brings the contractor up to date. Lindman moved toapprove Pay Estimate #3 in the amount of $65,316.55. Groat seconded and the motion passed.

CLOSED SESSION pursuant to Section 19.85f life). Wis. Stats., for the purpose of deliberating on claims

Motion by Jacobson, second by Lindman to convene in closed session. Motion passed.

RECONVENE MEETING INTO OPEN SESSION for the purpose of acting upon closed session items, ifnecessary

Motion by Jacobson, second by Groat to reconvene in open session. Motion passed.

Jacobson moved to approve the claim submitted by Selenske in the amount of $2,062.50. Groat seconded and themotion passed.

Lindman moved to deny the claim submitted by Grand Valley Adventures in the amount of $40,000. Groatseconded and the motion passed.

Discussion and possible action on pay request from ACT Services, Inc., for professional services fromAugust 28.2019 to October 30.2019

Jacobson explained that the invoice is for $899.99 over the original contract amount. Also, there is a $900amendment that was approved by the Board of Public Works. Discussion followed on the self-insured fund,amount budgeted, and how to handle the invoice as it is over the contract amount. Groat indicated the Mayor cancomplete budget modifications up to $5,000. Lindman does not have Justification from ACT as to why they arebilling over the contract amount. Once justification is received, it can be treated as a contract amendment orchange order.

Lindman moved to approve payment of $6,800, which is the amount remaining from the original contract amount.Groat seconded and the motion passed.

Lindman will reach out to ACT for justification of the additional $899.99.

Discussion and possible action on a contract extension with Haas Sons, Inc. for Thomas Street Phase IIReconstruction

Lindman has been trying to get additional information from the contractor. They have been back and forth for amonth and a half. Lindman wanted to verify when Van Ert ordered the lights. When Van Ert placed the order inMay, they were told there was a 30 week time period. This puts delivery of the lights at the end of December.Groat asked about the traffic signals. Wesolowski responded the traffic signals are scheduled to be deliveredlater. Haas Sons is requesting an extension with completion of the lights and traffic signals by February 21, 2020

CITY OF WAUSAU, 407 Grant Street, Wausau, WI54403


Approving the 2019 budget modification for ADA (Americans with Disabilities Act) Audit

Committee Action: Approved 3-0

Fiscal Impact: $18,410

File Number: 18-1109 Date Introduced: July 9, 2019


Budget Neutral YesQNolSI

O

Included in Budget: YesDNol^ Budget Source: $18,410 Self Insurance Fund ReservesOne-time Costs: Yesl^Nol 1 Amount:

uRecurring Costs: YcsniNolJ?! Amount:

Fee Financed: Yes[ZlNoKI Amount:u Grant Financed: YesDNo^ Amount:u

n Debt Financed: YesDNoKl Amount Annual RetirementTID Financed: Yesl iNolXI Amount:

T7D Source: Increment Revenue \_\ Deht\ | Funds on Hand | \lntetfundLoan\—I

WHEREAS, the Cities and Villages Mutual Insurance Company (CVMIC) is encouraging all members toconduct a facilities ADA audit; and

WHEREAS, a committee of staff stakeholders issued an RFP for such recommended services and selected ACTServices proposal in the amount of $18,410; and

WHEREAS, two potential funding sources were identified for the contract including the legal budget and the SelfInsurance Fund; and

WHEREAS, your Finance Comminee has reviewed and recommends a budget modification for the financing ofthe project from the Self Insurance Fund reserves:

Increase 171-155092190 Professional Services $18,410

NOW, THEREFORE, BE IT RESOLVED, that the proper city officials modify the budget as presented aboveand publish the budget modification in the official city newspaper.

Approved:

Robert B Mielke, Mayor

FINANCE COMMITTEE

Date and Time: Tuesday, June 25, 2019 @ 5:30 pm., Council ChambersMembers Present: Rasmussen, Smith, MartensMembers Excused: Kellbach, and NuttingOthers Present: Groat. Lindman, Seubert, Goede. Schock

In accordance with Chapter 19. Wise. Statutes, notice of this meeting was posted and sent to the DailyHerald in the proper manner. The meeting was called to order by Chairperson Rasmussen.

Discussion and possible action on budget modification ADA FacilitiesGroat stated CVMIC had encouraged all of its members to conduct facility ADA audits. The Councilauthorized a creation of a staff committee to come up with a plan to accomplish this. An RFP was written,the Board of Public Works opened the bids, and the committee selected ACT Services proposal of$18,410. There was no budget developed in anticipation of this project, but the Attorney's Office legalbudget has funds available in Professional Services-Legal. She indicated another option would be to takemoney from the Self Insurance Fund and since this ADA audit was a recommendation of our insurancecompany, she felt this could be an appropriate alternate funding source.

Lindman stated they will provide an analysis of the buildings that are typically open to the public, as wellas buildings at the city Park's Department.

Motion by Martens, second by Smith to approve the budget modification for the ADA audit from the SelfInsured Fund. Motion carried 3-0.



Approving engagement of additional services with ACT Services and related budget modification

Committee Action: Pending

Fiscal Impact: $1,799.99 File Number: Date Introduced: August 12, 2020


CO


Included in Budget: Yes No Budget Source: $1,799.99 Self Insurance Fund Reserves One-time Costs: Yes No Amount: Recurring Costs: Yes No Amount:

SOU

RC



RESOLUTION

WHEREAS, the Board of Public Works, on accepted a proposal from ACT Services for the Americans with Disability Act facility audit in the amount of $18,410; and

WHEREAS, your Finance Committee, on June 25, 2019, approved a budget modification for the audit; and

WHEREAS, the Board of Public Works approved the payment of an invoice in the amount of

$11,610.00 WHEREAS, additional services were recommended by ACT Services in the amount of

$900.00; and

WHEREAS, a second invoice was received in the amount of $7,699.99, bringing the total to $19,309.99, or over the approved amount by $899.99; and

WHEREAS, your Finance Committee, at their August 12, 2020 meeting, discussed and

approved the additional services with ACT Services in the amount of $1,799.99 and the related budget modification.

WHEREAS, a 2020 budget modification for the additional services is necessary as follows:

Increase 171-155092190 Professional Services $1,799.99 NOW, THEREFORE, BE IT RESOLVED that the proper city officials modify the budget as

presented above and publish the budget modification in the official city newspaper. BE IT FURTHER RESOLVED by the Common Council of the City of Wausau that the proper

city officials are hereby authorized to enter into a proposal with ACT Services for additional services related to the ADA facility audit in the amount of $1,799.99. Approved:


REQUEST FOR PROPOSALS

Towing Companies for the City of Wausau/Wausau Police Department

In Wausau, WI

INTRODUCTION

The City of Wausau is requesting proposals from tow companies within the City of Wausau to assist the Wausau Police Department when they are confronted with a need to tow a vehicle. This will be a one year contract, and will begin on the day the contract is executed by all parties. There are three types of tows that the City is requesting separate proposals from the tow companies. These tows are:

Non-consensual/no-preference tows – When the owner of the vehicle cannot be located and/or does not choose which tow company to use to tow the vehicle

Evidence tows – When a vehicle that needs to be towed is considered evidence City owned vehicle tows – When a vehicle, owned by the City, needs to be towed

One proposal will be selected for each type of tow. One tow company may be awarded more than one contract, if they meet the requirements. The company chose will be considered the primary contact. However, the City will also be selecting a secondary company to fulfill the obligations of the primary company if the primary company is unable to timely accommodate a request to tow.

SELECTION

Tow companies within the City of Wausau are asked to submit concise, separate proposals in response to the information requested below. The proposals should be prepared on standard-sized paper. The amount of stock advertising included with the proposals should be limited.

Regardless of the type of tow that the proposal is for, the proposal will be reviewed by city staff and the Wausau Police Department based on the following criteria:

Charges – The fees, for both the actual tow and storage fees, being proposed are appropriate and competitive with other tow companies

A. Payment for towing services will be in accord with the prices submitted to this RFP and later incorporated into a subsequent contract. The Tow Company shall accept credit card payment for services rendered. Tow Company shall not receive payment if the request for tow is cancelled before Tow Company has arrived at the scene.

B. The prices as submitted to this RFP and later incorporated into a subsequent contract shall remain firm throughout the term of the contract. Requests for price adjustments need to be submitted in writing to the City and shall not exceed the increase or decrease in the U.S. Department of Labor, Bureau of Labor Statistics Consumer Price Index (CPI) for the Midwest Region, All Items Index for the preceding year.

Equipment – The Company needs to have the following minimum requirements:

a. At least two towing vehicles capable of loading and unloading cars, trucks, and other equipment in a manner consistent with the manufacture’s recommendation to prevent damages. This includes dolly service if required.

i. e.g., tow truck with a manufacturer’s rated gross vehicle weight rating of ten thousand (10,000) pounds or more, dual wheel chassis.

b. Towing vehicle(s) must be equipped with a winch or some other device that vehicle to be towed can be removed from a ditch or some other location from which direct towing is impossible.

i. e.g., wrecker boom and winch rated at four tons or more. c. Tow trucks must be equipped with a wheel lift capacity, two-way radio or telephone

communication, broom, pan and scoop shovel, receptacle for debris, minimum 10 pound dry powder fire extinguisher, motorcycle belt, steering wheel holder, oil dry, and other necessary equipment.

d. All equipment used to fulfill this contract shall be kept in good repair and maintained to operate safely. Towing equipment shall meet all requirements of Wisconsin Department of Transportation and the Department of Motor Vehicles.

Response time – Be able to respond to a call for towing services within twenty (20) minutes upon receipt of the call. Thirty (30) minutes during inclement weather. Requests for towing squad cars, fire cars, Public Works Department pickup trucks and all City owned vehicles must be given preference. Clean Up – Tow truck operator shall not leave the scene until all debris, oils, and radiator fluids (including all absorbent material) have been properly removed from the scene. The process for removal and disposal of debris must be in accordance with all environmental laws and regulations. The Tow Company shall not be required to clean up large spill of liquids or solid materials that require lengthy clean up operations or specialized equipment for removal. Company Business Hours – The Company must be available 24 hours a day, 7 days a week. Storage Yard – The Company must own a storage yard that is in compliance with all state laws and regulations and that is staffed during normal business hours. Insurance – The following insurance limits are required: A. Commercial General Liability coverage at least as broad as Insurance Services Office Commercial General Liability Form, including coverage for Products Liability, Completed Operations, Contractual Liability, and Explosion, Collapse, Underground coverage with the following minimum limits and coverage: 1. Each Occurrence limit $1,000,000 2. Personal and Advertising Injury limit $1,000,000 3. General aggregate limit (other than Products–Completed Operations) per project $2,000,000

4. Products–Completed Operations aggregate $2,000,000 5. Fire Damage limit — any one fire $50,000 6. Medical Expense limit — any one person $5,000

7. Products – Completed Operations coverage must be carried for two years after acceptance of completed work

B. Automobile Liability coverage at least as broad as Insurance Services Office Business

Automobile Form, with minimum limits of $1,000,000 combined single limit per accident for Bodily Injury and Property Damage, provided on a Symbol #1– “Any Auto” basis.

C. Workers’ Compensation as required by the State of Wisconsin, and Employers Liability

insurance with sufficient limits to meet underlying Umbrella Liability insurance requirements. If applicable for the work coverage must include Maritime (Jones Act) or Longshore & Harbor Workers Compensation Act coverage.

D. Umbrella Liability providing coverage at least as broad as the underlying Commercial

General Liability, Automobile Liability and Employers Liability, with a minimum limit of $2,000,000 each occurrence and $2,000,000 aggregate, and a maximum self-insured retention of $10,000. The umbrella must be primary and non-contributory to any insurance or self-insurance carried by City of Wausau

E. Service Provider’s Equipment or Property – The Service Provider is responsible for loss

and coverage for these exposures. City of Wausau will not assume responsibility for loss, including loss of use, for damage to property, materials, tools, equipment, and items of a similar nature which are being either used in the work being performed by the Service Provider or are to be built, installed, or erected by the Service Provider. This includes but not limited to property owned, leased, rented, borrowed, or otherwise in the care, custody or control of the Service Provider.

F. Garage Keepers Liability - $50,000 per vehicle or $500,000 per occurrence. F. Also, see additional requirements below. ADDITIONAL REQUIREMENTS

A. Primary and Non-contributory requirement – all insurance must be primary and non-contributory to any insurance or self-insurance carried by City of Wausau

B. Acceptability of Insurers – Insurance is to be placed with insurers who have an A.M.

Best rating of no less than A- and a Financial Size Category of no less than Class VII, and who are authorized as an admitted insurance company in the state of Wisconsin.

C. Additional Insured Requirements – The following must be named as additional insureds on all Liability Policies for liability arising out of service work – City of Wausau, and its officers, council members, agents, employees and authorized volunteers. On the Commercial General Liability Policy, the additional insured coverage must be ISO form CG 20 26 07 04 and also include Products – Completed Operations additional insured coverage per ISO form CG 20 37 07 04 or their

equivalents for a minimum of 2 years after acceptance of work. This does not apply to Workers Compensation Policies.

D. Waivers of Subrogation in favor of City of Wausau must be endorsed onto the service provider’s Worker’s Compensation, Commercial General Liability, Automobile Liability, Umbrella Liability coverage, and Property/Equipment coverages.

E. Deductibles and Self-Insured Retentions – Any deductible or self-insured retention must be declared to the City of Wausau.

F. Evidences of Insurance – Prior to execution of the agreement, the Service Provider shall file with the City of Wausau a certificate of insurance (Acord Form or equivalent for all coverages) signed by the insurer's representative evidencing the coverage required by this agreement. In addition form CG 20 10 07 04 for ongoing work exposure and form CG 20 37 07 04 for products-completed operations exposure must also be provided or its equivalent on the Commercial General Liability coverage.

PROPOSAL REQUIREMENTS

Please submit proposals by ____________________ with a dated cover letter and the signature block on the last page of this RFP to:

Wausau Police Department ATTN: Matthew Barnes 515 Grand Avenue Wausau, WI 54403

Emailed electronic versions of the proposals will also be accepted at: (NEED EMAIL)

Please include the following information with your proposal, specifying which type of tow the proposal is for:

1. Company name, address, phone number, and primary contact

2. Names, titles, and responsibilities of the individuals from your company that will be involved in each tow and storage

3. Background experience, operator credentials, and equipment inventory

4. A detailed description of existing or proposed storage facilities, security, and minimum square footage intended to be provided for each vehicle. Provide a copy of the title or current lease agreement for all property and storage facilities proposed to use to meet the requirements of this RFP.

5. Insurance evidencing the above requirements. Note: If awarded the contract, the City of Wausau will need to be named on the Certificate of Insurance.

6. Approximate cost for the tow, site clean up, and daily storage fees of the towed vehicle

7. Acknowledgement and confirmation that the company will respond to the request for a tow within twenty (20) minutes, thirty (30) minutes if inclement weather.

8. Provide a list of governmental organizations/municipalities and/or clients with whom Proposer has done similar business within the last two (2) years. Include the client name, address, telephone number and name of a contact person, description of the performed work, and the contract period and duration.

CLARIFICATIONS AND EXCEPTIONS

Proposers must raise any questions they have about the RFP without delay. All questions are to be directed in writing to the contact person indicated above. Proposers finding any significant ambiguity, error, conflict, discrepancy, omission, or other deficiency in the RFP shall immediately notify the contact person above and request clarification.

TERMS AND CONDITIONS

The City reserves the right to accept or reject any or all proposals or portions thereof without stated cause. Upon selection of a finalist, the City by its proper officials shall attempt to negotiate and reach a final agreement, with the finalist. If the City, for any reason, is unable to reach a final agreement with this finalist; the City then reserves the right to reject such finalist and negotiate a final agreement with another finalist who has the next most viable proposal. By the conclusion, the City wishes to have a primary and secondary tow company for each type of tow outlined above. The City may also elect to reject all proposals and re-issue a new RFP.

The City is not bound to accept the proposal with the lowest cost, but may accept the proposal that demonstrates the best abilities and qualifications to meet the needs of the City. The City reserves the right to waive any formalities, defects, or irregularities, in any proposal, response, and/or submittal where the acceptance, rejection, or waiving of such is in the best interests of the City. The City reserves the right to disqualify any proposal, before or after opening, upon evidence of collusion, intent to defraud, or any other illegal practice on the part of the tow company.

Billing

A. Invoices for services provided shall be sent the first of every month to:

City of Wausau Police Department 515 Grand Avenue Wausau WI 54403

B. The City is responsible for all charges for towing and storage of City owned vehicles only and the Tow Company shall bill the City for all such services. Charges for vehicles that are towed and stored by order of the City, but which are not owned by the City, are the responsibility of the owner of such vehicles. Storage rates charged to privately owned vehicles shall be no greater than those charged to the city under this contract. The City of Wausau shall not be responsible for payment of towing charges for non-City owned vehicles which are in violation of a prohibition, limitation or restriction on stopping, standing or parking imposed under Chapter 342, 346 and 349 of the Wisconsin Statutes or for the towing of non-City owned vehicles being held by the police department for evidentiary or other purposes.

C. Monthly billing statements shall contain a breakdown of the type of tow (illegally

parked vehicles, city owned vehicles and the like), the date and location of tow, the license number or VIN of the vehicle towed, the make of the vehicle, the cost of the tow, the storage start and end dates and the total number of days stored.

Disposition Requirements and Obligations for Abandoned Vehicles

In the event that the Tow Company tows an abandoned vehicle, as defined in Wausau City Ordinance 10.08.040 and Wis. Stat. § 342.40, the City would not be responsible to the Tow Company for any costs related to towing or impoundment of a non-stolen abandoned vehicle. Tow Company will fulfill all obligations of the City, as required by Wis. Stat. 342.40, in terms of notice of sale by certified mail to owner/lienholders, auctioning of the abandoned vehicle, notifying WIDOT/DMV, and providing a certificate of transfer to the purchaser of the abandoned vehicle. The Tow Company shall use these proceeds to cover the costs of towing and storage of the abandoned vehicle. Any remaining amount, shall be returned to the City to be placed into a general fund. Tow Company is required to keep detailed records of all costs associated with each abandoned vehicle and sale price of said vehicle. Tow Company shall routinely provide these records to the City. Tow Company shall allow the City to inspect these records when requested. Failure to provide these records or failure to properly account for each abandoned vehicle, would be considered a default and grounds to terminate the Towing Services Contract. Failure to abide by the requirements of Wis. Stat. § 342.40 would also be considered a default and would be ground to terminate the Towing Services Contract.

Area of Service

Towing service shall be provided to any location inside the City’s corporate boundaries. Vehicles shall be towed from their stalled or parked location to another location within the City or not more than two miles outside of the City’s corporate limits as directed by a City agency.

Vehicle Storage

A. Standard storage and secure storage must be provided when required by the City. Secure storage shall mean that the towed vehicle shall not be accessible to anyone without the express verbal or written permission of the Wausau Police Department. Standard storage shall consist of at minimum a fenced lot or yard with security style fencing and locked gate sufficient to keep trespassers out and vehicles in; or a lot with an attendant on duty at all time; or with the prior approval of the City, some combination of fencing and on duty attendant. Vehicle owners shall not be denied access to vehicles held in standard storage. Tow Company shall follow all applicable laws, including Wis. Stat. §779.415(1)(b) and 349.13(5)(b)2 regarding access to and release of personal property in vehicles being stored at the direction of the Wausau Police Department.

B. Tow Company shall not charge a “lot fee” or access fee for citizens to access their vehicles stored at Tow Company’s storage facility.

C. All vehicles shall be protected from vandals and pilferage. D. The Tow Company shall keep a computerized log of towed vehicles, name and

contact information of any individual granted access to a vehicle, date and time of access by any individual, documentation of any item removed by any individual from any vehicle, and the date of actual release of any vehicle and the name and contact information of the individual to whom a vehicle is released.

E. Tow Company shall provide immediate response to a request for the release of a

vehicle twenty four (24) hours a day, seven (7) days a week. In the event no one is available to release a stored vehicle upon request, Tow Company agrees to waive any storage charges that are assessed for the day the request for release was made.

F. No vehicle entrusted to the Tow Company shall be operated by any Tow Company

personnel except to relocate the vehicle within the storage area. G. Tow Company shall be responsible for the reasonable care of the vehicle and shall be

responsible for damage or loss to the vehicle and its contents caused by the Tow Company’s negligence or failure to exercise reasonable care of the vehicle. Tow Company shall be responsible and liable for the replacement or payment of any loss of contents listed on the inventory of contents.

Indemnification Tow Company hereby agrees to indemnify, defend and hold harmless the City of Wausau, its elected and appointed officials, officers, employees, agents, representatives and volunteers, and each of them, from and against any and all suits, actions, legal or administrative proceedings, claims, demands, damages, liabilities, interest, attorneys’ fees, costs, and expenses of whatsoever kind or nature in any manner directly or indirectly caused, occasioned, or contributed to in whole or in part or claimed to be caused, occasioned, or contributed to in whole or in part, by reason of any act, omission, fault, or negligence, whether active or passive, of Tow Company or of anyone acting under its direction or control or on its behalf, even if liability is also sought to be imposed on City of Wausau, its elected and appointed officials, officers, employees, agents, representatives and volunteers. The obligation to indemnify, defend and hold harmless the City of Wausau, its elected and appointed officials, officers, employees, agents, representatives and volunteers, and each of them, shall be applicable unless liability results from the sole negligence of the City of Wausau, its elected and appointed officials, officers, employees, agents, representatives and volunteers.

Tow Company shall reimburse the City of Wausau, its elected and appointed officials, officers, employees, agent or authorized representatives or volunteers for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided.

In the event that Tow Company employs other persons, firms, corporations or entities (sub-contractor) as part of the work covered by this Agreement, it shall be Tow Company’s responsibility to require and confirm that each sub-contractor enters into an Indemnity Agreement in favor of the City of Wausau, its elected and appointed officials, officers, employees, agents, representatives and volunteers, which is identical to this Indemnity Agreement.

This indemnity provision shall survive the termination or expiration of this Agreement.

Performance Requirements A. Rules of Conduct

The towing agency shall conduct business in an ethical, orderly manner, endeavoring to obtain and keep the confidence of the community.

a. Regulation

The towing agency shall comply with all applicable laws, regulations and ordinances including those that regulate tow units, impoundment, towing, storage, selling or junking of vehicles.

Termination of the Contract

A. Default

This contract may be terminated by either party for failure by the other party to perform under the terms of this contract, through any cause not beyond the control of such party, by the giving of written notice to such party. In this event, termination shall be effective upon receipt of such notice. In the event of default by Tow Company, Tow Company shall be not be entitled to compensation for work or services unsatisfactorily or improperly performed.

B. Insolvency and Bankruptcy

This contract may be terminated by City if Tow Company becomes insolvent or bankrupt and cannot pay its debts or obligations when they become due, files a petition in bankruptcy or has such a petition filed against it, has a receiver appointed with respect to all or substantially all of its assets; makes an assignment for the benefit of creditors; or ceases to do business in the ordinary course.

C. For Convenience

The City may terminate this contract by giving written notice to the Tow Company. Such termination shall be effective upon receipt of notice and the Tow Company shall be entitled to just and equitable compensation for any satisfactory work completed.

D Rights are Cumulative

The rights and remedies under this section shall be in addition to those otherwise allowed by law or in equity. Any and all rights and remedies which either party may have under this contract, at law or in equity, shall be cumulative and shall not be deemed inconsistent with each other, and any two or more of all such rights and remedies may be exercised at the same time insofar as permitted by law.

Delinquent Taxes and Charges

The City may terminate this contract if the Tow Company uses any property in connection with its towing or other operations, whether for administrative or office purposes, or for other functions, upon which any tax, fee, assessment or charge, imposed by the City of Wausau, is, or during the term of the contract, becomes delinquent or overdue.

Public Records

Proposers are hereby notified that all information submitted in response to this RFP may be made available for public inspection according to the Public Records Law of the State of Wisconsin. Information qualifying as a “trade secret” as defined in the Wisconsin State Statutes, may be held confidential. Proposers shall seal separately and clearly identify all information deemed to be “trade secrets” as defined under Wisconsin Statutes. Do not duplicate or co-mingle information deemed confidential elsewhere in the Proposal.

NON-ACCEPTANCE OF PROPOSALS

No Proposal shall be accepted from, nor a contract awarded to any person, firm or corporation that is in arrears or is in default to the City for any debt or contract or has failed to faithfully perform any previous contract with the City.

CONTACT PERSON

Questions about the RFP or the agreement should be directed to Matthew Barnes, Deputy Chief, phone (715) 261-7807 or email ([email protected])

SIGNATURE BLOCK

Note: Please return this page with your proposal

The undersigned, an authorized agent of his/her company, hereby certifies:

( ) familiarization with all terms, conditions, and specifications herein stated,

( ) company is qualified to perform work and services as proposed,

( ) that the proposal submitted is valid until ___________________________ (date).

_______________________________ _______________________________ Company Name Authorized Signature

_______________________________ ________________________________ Mailed Address Printed Name _______________________________ _________________________________ City, State, Zip Title

________________________________ _________________________________ Type of Entity (S-Corp, LLC, etc.) Phone Number

________________________________ __________________________________ Web Site Email Address